You cannot understand treaty until you first understand sovereignty

Prince Charles asked to intervene on behalf of the Yolngu

Prince Charles on Monday April 8th 2018 “visited the Buku-Larrnggay Mulka Arts Centre in the Northern Territory, where he met with Yolngu clan leaders and the Member for Nhulunbuy who asked him to intervene on their behalf and acknowledge their people's sovereignty.

He was asked to take a strong position on the issue and was handed a letter stick to deliver to the Prime Minister of Australia.

"We have many difficulties with the Australian governments because they do not recognise our sovereignty," Member for Nhulunbuy Yingiya Mark Guyula MLA said.

"We need to correct this situation, for the sake of our children and their children, for our cultural survival - for our ancestors."

Treaty Yeh, Treaty Now! Long March for 'Justice Thru Treaty' 26 Jan

“Calls for a Treaty were repeatedly raised by Aboriginal communities during the recent Constitutional Recognition consultations as a practical means to recognize Aboriginal and Torres Strait Islanders as the First Nation Peoples and to implement the structural changes required to establish self-determination. ... A Treaty sets a process to legitimately move forward in partnership between Aboriginal people and the Australian State.”

Treaty Talks Workshop on 23-25 January 2018

In the three days before the “Justice Through Treaty” march Aboriginal and Torres Strait Islander peoples will meet to discuss what we wish included in a national Treaty. Speakers and participants from every State will look at practical means to address self-determination, how we can support our communities to overcome the legacy of colonialism, poverty, racism and marginalization. For more information please click here.

Time to end 10 years of Intervention in the Northern Territory

Statement from eminent Australians

Statement of Eminent Australians on the continuing damage caused by the discrimination, racism and lack of justice towards Aboriginal and Torres Strait Islander peoples, exemplified by the continuation of the Northern Territory Intervention

While the Australian nation deliberates on the future of its relationship with the First Nations of this land, most Aboriginal and Torres Strait Islander peoples are focused on the continuing discrimination, racism and lack of justice, shown towards them by Federal, State and Territory Governments in so many areas.

Further information:

(in: NLC Land Rights News Oct 2017, page 12)

Quest for Treaty: Yingiya's Bid for Parliament

Yingiya Mark Guyula, a Yolngu Elder, endorsed by the Yolngu Nations Assembly, makes a bid for the NT Parliament as an independent candidate. He stresses the importance of Treaty and the need for the Yolngu Madayin Law to be recognised.

As part of Treaty Awareness and Fund Raising Tour Mr. Guyula spoke at two events:

Geelong, 11 March 2016: Mr. Guyula spoke on the disempowering impacts of living under the ongoing intervention policies, the need of a Treaty for Arnhem Land and his contributions towards the book The Intervention: an Anthology

Melbourne, 12 March 2016: Mr. Guyula spoke on Madayin law and how his platform Treaty Now! will work.

Custodianship in the 21st Century

Custodianship is one of the foundational concepts of the intellectual knowledge system of all of the First Peoples of this land. As a senior lawman, Vincent Lingiari was drawing on his grandfather’s connection to Gurindji country, reclaiming and asserting this core responsibility.

...

Can we forge a treaty or treaties, recognizing the truth of the past and legally supporting a fair and just future? Can we rise above our doubts and flaws and in the 21st Century find the full expression of custodianship that Vincent Lingiari cherished?

Vincent Lingiari knew who he was and that this land held him close to its heart. "You can keep your gold. We just want our land back."

This video presents excerpts of a speech given by Rosalie on May 28th during a 2015 Reconciliation event, organised by Monash Reconciliation Group, Mt. Waverley.

Published by 'concerned Australians'

The Intervention - an Anthology

In this historic anthology, award-winning writers Rosie Scott and Dr Anita Heiss have gathered together the work of twenty of Australian’s finest writers both Indigenous and non-Indigenous together with powerful statements from Northern Territory Elders to bring a new dimension and urgency to an issue that has remained largely outside the public radar.

The Anthology can also be ordered from major booksellers.

The Honourable Alastair Nicholson AO RFD QC at the Fitzroy launch:

First Nations Women Speak out for Treaty

On 20th March 2015 a public forum was held in Redfern: First Nations Women Speak out for Treaty.

Treaty would recognise the sovereignty of the First Nations People over their land and enshrine the right of self-determination which was promised to them when Australia ratified the International Covenant on Economic, Social and Cultural Rights 40 years ago.

The forum also discussed the relationship between Treaty and the current campaign for constitutional recognition.

Rt. Hon. Malcolm Fraser AC CH GCL 1930 - 2015

20 March 2015

‘concerned Australians’ is mourning the passing of Malcolm Fraser at the age of 84. Malcolm was a person of dignity and courage who showed tenacity and compassion in his commitment to racial equality and multiculturalism. He will be remembered as a true humanitarian and a good friend.

We offer our deepest sympathies and sincere condolences to his wife Tamie and family.

We are most grateful to him for the support he gave to the Aboriginal people in the Northern Territory over the last eight difficult years. He was a man of integrity who recognised injustice and was prepared to speak out for change. We were profoundly thankful for the support that he gave to the work of ‘concerned Australians’.

Remote Community Closures

March 2015

Will You Help to Prevent a Crisis?

The Commonwealth’s commitment to Homelands and Outstations was surely sealed by the 1967 Referendum. How can it be then that the federal government can consider abandoning their long-held responsibilities by cutting essential funding to these especially vulnerable areas?

What is clear is that the Commonwealth knows full well that the consequences of the cuts will fall with brute force onto Aboriginal communities least able to defend themselves. Such behaviour is contemptible.

It is quite clear that state governments do not have the resources to simply replace Federal funding. Mr. Barnett in Western Australia has responded by indicating that he will close up to 150 remote Aboriginal communities by simply cutting off their essential services – water, power etc. Arrangements with the South Australia government are still to be determined but at this stage the outstations fear their fate will be similar to those in the West.

"Canada has its centuries-old treaties, and more modern treaties today, and more recently, constitutional recognition of Aboriginal Canadians in the life and history of that nation."

Mick Dodson, July 2007

The Advantages of Treaty

6 December 2014

On 6 December 2014, ‘concerned Australians’ invited a group of some 50 colleagues and friends to join them for a discussion on Treaties.

Three of the attendees graciously agreed to share their views on the advantages of treaty. They were Bobby Nicholls, Aboriginal Partnership Officer at the Department of Health in Wangaratta and Co-Chair of the Traditional Elders Owners Land Justice Group, Gene Roberts who is now the Western Metropolitan Local Justice Worker for VALS, and Janet Turpie-Johnstone. Melbourne’s first Aboriginal Anglican priest, and currently working as an Aboriginal Equity Pathways Officer at the Australian Catholic University.

All three were enthusiastic in their belief that treaties would improve the lives of Aboriginal peoples across Australia and their establishment would be the only way by which Aboriginal culture could be protected. Janet feared that without treaties Aboriginal culture might not survive.

Featuring: Yirrininba Dhurrkay and James Wapiriny

Introduction: David Suttle

The Importance of Engaging Experienced of Cross-Cultural

Interpreters for all Negotiations with Indigenous Communities

This article by Murray Garde flags lessons for all parties, including the NLC, which are involved in consultations with Aboriginal communities where English is far from being the predominant language.

Murray Garde is highly qualified for this assignment, and the NLC has total confidence in his expertise as an interpreter.

Linguists have taught us for a long time about the problems that arise from cross-purposes communication.

Murray Garde’s article demonstrates the value – indeed, in some instances, the necessity – of engaging an experienced cross-cultural interpreter for complex negotiations such as those that arise from profoundly important public policies that will have impact on the lives of current and future generations of Aboriginal people.

He has revealed the complexity of these negotiations and demonstrated that there are big holes in the understanding of Traditional Owners at Gunbalanya about the substance of negotiations so far towards the Commonwealth’s goal of securing a 99-year-lease over their community.

JOE MORRISON

CEO, Northern Land Council

The plan to undermine the Land Rights Act

by Ian Viner AO QC

With the Commonwealth Government’s push for 99-year leases, the Forrest Report call for Aboriginal land to be privatised so as to be bought and sold, and attacks upon the Northern Land Council in particular over their defence of traditional ownership and their responsibilities under the Land Rights Act, the iconic 1976 Land Rights Act is under threat like never before.

the Prime Minister’s Statement to The Australian

Open Letter from Rev Dr Djiniyini Gondarra OAM to

Tony Abbott, the Prime Minister of Australia

I would like to express my sincere gratitude to Tony Abbott, the Prime Minister of Australia for his courage in publicly acknowledging the terrible impact on Aboriginal Peoples as a result of early British settlement.

It is of extreme importance to us that we now work together for better outcomes and this can happen when a Prime Minister is prepared, as you have been, to recognise the pain and suffering that has taken place. This is a beginning point and we thank you for it very sincerely.

You say that we should be recognised as first class citizens in our own country. We believe this to be true and we also believe that determining our own future is our right. With your determined support we look forward to realising this in the not too distant future.

Your support for the recognition of Aboriginal Peoples in the Constitution is greatly welcomed and it is our wish that changes will also include provision of a framework for incorporating treaties as they are negotiated

.

Rev Dr Djiniyini Gondarra OAM

Archbishop Desmond Tutu Prays for Australian Aboriginal Peoples

On World Peace Day, 21 September 2014

On World Peace Day 2014, I pray for the rights of the Aboriginal Peoples of Australia to determine their own destiny.

It is a severe indictment on Australia that many of its indigenous people still feel that their culture and dignity are being eroded, and that they continue to be treated as second class citizens – 42 years after the country signed the International Covenant on Economic, Social and Cultural Rights.

Aboriginal elders say that although the Aboriginal Land Rights Act of 1976 transferred control of much of the Northern Territory to Aboriginal peoples, the people never had the opportunity to draw true advantage from the land. They were ill prepared to deal with complex Western bureaucracies, and their efforts have been undermined by under-development and neglect.

The imposition of legislation generally known as the Northern Territory Intervention, in
2007 virtually stripped them of their voice.

Community councils have been closed down and management of many aspects of the peoples’ lives has been transferred to non-indigenous institutions. The exclusion of local Aboriginal perspectives from decision-making is directly eroding customs, laws, languages and land-use aspirations. Nearly 50% of the youth in detention in Australia are Aboriginal, although the Aboriginal population constitutes just 3% of the Australian population.

There are no first-class and second-class citizens on earth, just citizens; sisters and brothers of one family, the human family, God’s family. Our diversity is a Gift from God. It strengthens and enriches us.

All people, regardless of their looks, cultures and beliefs – including the Aboriginal Peoples of Australia – are equally entitled to dignity, to justice, and to the right to participate in decisions affecting their lives.
I support those who have called for a Truth and Justice Commission for Aboriginal Peoples to lay bare the horrors of the past and, finally, commence a national healing process for all Australians.

The message from very many Aboriginal Peoples in Australia to the Australian Government is that the time is long overdue for genuine negotiation on treaties.

The National Indigenous Human Rights Awards 2014

Rosalie Kunoth-Monks OAM

is presented with the first Dr Yunupingu Human Rights Award by Arnhemland Elder, Yalmay Yunupingu at NSW Parliament House. The National Indigenous Human Rights Awards recognises Aboriginal and Torres Strait Islander persons who have made significant contribution to the advancement of human rights and social justice for their people.

Yalmay Yunupingu’s Speech:

“Politics, politics, politics. Policy, policy, policy. Changes, changes, and more changes. What’s next? Are we going to keep living like this and keep being used as a Trojan horse? As new Government gets voted, in comes new policy, “bang”, and then follows by the new changes “bang”. New jobs are created, people are put into positions and they often don’t have any idea how to do their job. Bush schools are criticized, and they say that Indigenous team teachers are inexperienced and unskilled to run bilingual and education programs in our own communities.”

Parliamentary Joint Committee on Human Rights:

Review of the Stronger Futures package of legislation

In the 43rd Parliament, our predecessor committee applied this approach to the examination of the Stronger Futures package of legislation, and used its 11th report of 2013 to set out its understanding of the concept of special measures and the circumstances in which special measures may be permitted or required under human rights law. In considering those measures described as special measures in the Stronger Futures legislation, the committee noted the importance of continuing close evaluation of such measures and concluded that the committee could usefully perform an ongoing oversight role in this regard. The committee recommended that in the 44th Parliament it should undertake a 12-month review to evaluate the latest evidence in order to evaluate the continuing necessity for the Stronger Futures legislation.

The committee has given careful consideration to our predecessor committee's recommendation and has decided to undertake a review of the Stronger Futures package of legislation, commencing in June 2014. The committee proposes to write to the minister and advise him of its intention to undertake this review, invite him to respond to the conclusions drawn by our predecessor committee in its 11th report of 2013 and alert him to the range of information the committee will seek from him and his department as part of the review. The committee proposes to report the conclusions of this review in 2015.

Survey of Aboriginal Adults residing outside the Northern Territory on The Intervention and Stronger Futures Legislation, Constitutional Change and Treaties

The Disallowance by the Senate of Regulations made under s28A of the Aboriginal Land Rights (Northern Territory) Act 1976

Justice

“Justice will not be served until those who are unaffected are as outraged as those who are.”

Benjamin Franklin

In an excellent article (SMH 2 March 2014) by long-time Aboriginal advocate, Sol Bellear, he suggests that reconciliation has failed. This leads me to ask the question, “What is the basis on which reconciliation might be delivered?”

While I regularly read of new opportunities that are being promoted for Aboriginal people under the banner of ‘reconciliation’ and I greatly applaud them, at the same time I wonder if we have confused the meaning of the word itself and whether this could be the root of Sol’s conclusion?

Changes to the Aboriginal Land Rights Act (NT) 1976

The new Regulation was registered on 12 December 2013. This was the last sitting day of Parliament for the year and means the changes will not come before Parliament before February 11, at the very earliest.

The legislative instrument allows for Aboriginal Corporations to request that certain functions of the Land Councils be delegated to them. Where there is reluctance on the part of the Land Councils, the Minister is the final arbiter.

from: Explanation from the Regulation:

Subsection 28(3) of the Act provides that a Land Council may delegate certain functions and powers to an Aboriginal and Torres Strait Islander corporation.

Subsection 28A(1) of the Act provides that an Aboriginal and Torres Strait Islander corporation may apply to a Land Council for a delegation of certain Land Council functions or powers.

Subsection 28A(5) of the Act provides that a Land Council is taken to have refused to make a delegation if it has neither made nor refused to make the delegation within the period worked out in accordance with the regulations (or such longer period as is agreed by the Minister).

Subsection 28B(4) of the Act provides that an Aboriginal and Torres Strait Islander corporation may apply to a Land Council for a variation of an existing delegation to apply to all of the Land Council’s functions or powers that are delegable to the corporation, or to add specified delegable functions or power, or to add specified delegable functions or powers in relation to specified matters.

In the Absence of Treaty

This book explores the current inadequacy of the process used in engaging with Aboriginal people, which results in control slipping away from them. It provides concise but incisive account from recent reports about the reasons for the ongoing and growing frustration of many Aboriginal people in the NT. In doing so it hints at possibly the only solution - treaties.

The Hon. Alastair Nicholson AO RFD QC

Answers Questions on 99-Year Leases

from Rosalie Kunoth-Monks OAM and Rev. Dr Djiniyini Gondarra OAM

1. Government is asking some communities to agree to 99-year township leases. What are the implications of signing a 99-year lease?

2. Government states that the community will still own the land even though a 99-year lease has been signed. Can you explain this please.

3. How important to Aboriginal Peoples are the protections in the Land Rights Act?

4. Under current legislation we are able to support housing and business development in our towns. Why do you think Government is asking communities to agree to 99-year leases?

5. Our people have great difficulty in persuading Government to negotiate with us in a culturally appropriate manner – that is, talking with the senior law men of our communities. Can you suggest ways in which this can be achieved?

Dismantling the Land Rights Act

99 year leases

6 Nov 2013

I express my deep concern at the actions of the Abbott Government as evidenced by the behaviour of the Minister for Indigenous Affairs, Senator Scullion, in hastily procuring MOUs on township leases for 99 years in Gunbalanya and Yirrkala in recent weeks. He is quoted as saying that this was part of a blitz to encourage other communities around the country to sign similar deals.

To coincide with Anti-Poverty Week, the following books produced by ‘concerned Australians’ are now available for download:

John Pilger’s film "UTOPIA"

October 2013

The Premiere of Utopia was held at the London National Film Theatre (BFI South Bank) on Thursday 3 October 2013. A large crowd attended the screening and many signed a message calling for Treaties to be negotiated between Aboriginal Nations and the Australian Government.

Utopia is John Pilger’s new feature documentary. In his new film Utopia, John says that until white Australia negotiates a genuine Treaty with indigenous Australia, it can never claim its own nationhood.

The launch of the film in Sydney will feature special screenings at the Museum of Contemporary Art (MCA) in Sydney, leading up to 'Australia Day' on 26 January 2014, followed by a cinema release across the country.

Community Living Areas

26th July 2013

We are advised through a statement on the website of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) that regulatory changes have been made to Community Living Areas in the Northern Territory.

This regulation Number 184 is made under the Stronger Futures in the Northern Territory Act 2012. (See ComLaw for details)

The explanatory Note states:

The Regulation modifies section 110 of the Associations Act (NT), as set out in Schedule 7 of the Regulation, and enables community living area landowners (both associations and Aboriginal corporations) to grant leases and licences for purposes consistent with the Northern Territory Planning Scheme without Northern Territory Ministerial consent if the grant is for a term of 10 years or less.

Purposes consistent with the Northern Territory Planning Scheme, including the following:

(i) commercial purposes, including a community store

(ii) purposes relating to infrastructure

(iii) public purposes, including the provision of essential services

This change was implemented following ‘consultations’ held between just fifteen selected Community Living Areas and Commonwealth Government representatives. There are more than a hundred Community Living Areas. The criteria for conducting consultations recommended by the Human Rights Commissioner (2010) and again recommended by the Parliamentary Joint Committee on Human Rights (2013) were not used and no transcripts have been provided.

Parliamentary Joint Committee on Human Rights Report

June 2013

We learn from the Report that the Committee:

... sets out the committee's analytical framework for the assessment of human rights compatibility and addresses a number of issues of general relevance raised by the Stronger Futures package. It then goes on to apply this analytical framework to a number of the Stronger Futures measures on which the committee has decided to focus its comments: the tackling alcohol abuse measure, the income management measure, and the school attendance measure.

The report does not deal with the food security measures relating to the licensing regimes for food stores in certain areas, certain land reform measures, and amendments relating to the extent to which customary law may be taken into account in bail and sentencing decision, or restriction on access to pornography in certain areas.

Even with these limitations, the report reaches the conclusion that the Stronger Futures measures considered are unlikely to be ‘special measures’.

The committee is not persuaded by the material put before it by the government that the Stronger Futures legislation can properly be characterised as 'special measures' under the ICERD or other relevant human rights treaties.

The report identifies a series of concerns including the need to ensure the affected communities are engaged in the development of policy making and policy implementation processes, and are engaged in meaningful consultation – using the criteria as set out by the former Human Rights Commissioner, Tom Calma.

Ultimately, the report concludes:

The committee has indicated the importance of continuing close evaluation of measures such as these which are claimed to have a beneficial effect, and notes that the potentially disempowering effects of such measures also need to be taken into account in any assessment of human rights compatibility.

The committee considers that it can usefully perform an ongoing oversight role in this regard and recommends that in the 44th Parliament the committee should undertake a 12 month-review to evaluate the latest evidence in order to test the continuing necessity for the Stronger Future measures.

Sixth Anniversary of the Intervention - 21 June 2013

Striking the Wrong Note

Aboriginal advocate Olga Havnen, in her Lowitja O’Donoghue oration, has asked a critical question. She asks what has been the psychological impact of the Intervention on Aboriginal people of the Northern Territory. It is surprising that so little attention has been given to this critical, yet in some ways tenuous, link before now.

Even before the Intervention began in June 2007, government had long planned a new approach to the ‘management’ of Aboriginal people in the Northern Territory. It was no longer part of government thinking that self-determination and Aboriginal control over land could be allowed to continue.

Keeping Them Home

The most recent data shows that the number of children being moved into out-of-home care in the Northern Territory has just about doubled since 2007. Two-thirds of these children are being placed with non-Indigenous families away from their communities.

Elder Rev Dr Djiniyini Gondarra, as spokesperson for Yolngu Makarr Dhuni calls for this trend to be reversed by increasing family support services in communities. He has written to the Chief Minister of the Northern Territory, Adam Giles, asking him for his support.

We would like to thank all those who also wrote to Adam Giles in support of Dr Gondarra’s request. Your sustained support for Aboriginal-managed family support and preventative services in communities in the Northern Territory is important.

Community Living Areas (CLAs)

Rather than providing certainty and support to Aboriginal people in Community Living Areas (CLAs) in the NT, the Federal Government continues its obsessive march to remove control from Aboriginal Peoples.

It is understood that current leases for CLAs need to be less restrictive, and there is evidence for this from some of the larger CLAs. The Federal Government, however, intends to use this opportunity to take control over future development in these areas through sections 35 (4) and 35 (5) to the Stronger Futures legislation which allow changes to regulations without consultation with owners and where their consent is not required.

Such loss of control will deny certainty for those living in CLAs and deny them the right to self-determination.

This is disgraceful legislation and in breach of Australia’s commitments under international law. The controls that have been set are arbitrary and there is no avenue for appeal.

The Stronger Futures Legislation on Land Reform

35 (4) Before making regulations for the purposes of subsection (1) in relation to a community living area, the Minister must consult with:

(a) the Government of the Northern Territory; and

(b) if the owner of the land that is the community living area requests to be consulted about the making of regulations for the purposes of subsection (1)—the owner; and

(c) the Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976) in whose area the community living area is located; and

(d) any other person the Minister considers appropriate to consult.

35 (5) A failure to comply with subsection (4) does not affect the validity of the regulations.

A Decision to Discriminate

Aboriginal Disempowerment in the Northern Territory

Through the use of direct quotation, this new book is an important historical record that focuses on the Senate Committee Inquiry into the Stronger Futures legislation. It shows how the Government decision-making process chose to ignore the views expressed by many Aboriginal people of the Northern Territory communities, in much the same way as has happened since colonisation.

Conversation with Elders held at the Melbourne University Law School on 19 May 2010.

Elders: Roslaie Kunoth-Monks OAM from Utopia in Central Australia
Rev Dr. Djiniyini Gondarra OAM from Galiwin'ku on Elcho Island in East Arnhem Land
Professor the Hon. Alastair Nicholson former Chief Justice of the Family Court of Australia

"If you have come to help me, you are wasting your time. But if you have come because your liberation is bound up with mine, then let us work together."

Lilla Watson and a group of Aboriginal activists in Queensland in the 1970s

2/11 Terrara Road

Vermont VIC 3133

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'concerned Australians’, formed at the time of the NT Intervention, is an independent, human rights advocacy body with extensive networks that creates opportunities for Aboriginal voices being heard, especially those of the Northern Territory.